ISAR’s blog

Another Milestone for Animal Rights Law

nobody@vox.com(ISAR) — Wed, 13 May 2009 06:45:22 -0700

http://isaronline.blogspot.com/2009/05/another-milestone-for-animal-rights-law.html

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Don't Let Michael Vick Benefit By Abusing Animals

nobody@vox.com(ISAR) — Mon, 20 Apr 2009 11:18:23 -0700

Please visit ISAR's website and sign our latest petition titled, "Don't Let Michael Vick Benefit By Abusing Animals".

http://www.isaronline.citymax.com/petition_vick.html

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"Animals Today" Radio Show

nobody@vox.com(ISAR) — Fri, 06 Mar 2009 06:09:10 -0800

This Sunday's 2:00-3:00 PM segment will feature renowned attorney Albert Momjian, who'll discuss the practical and legal issues related to pets caught up in the divorces of their custodians. In the broadcast's second hour, Dr. Kirshner will discuss animal cognition and intelligence with Virginia Morell, author of Animals Are Smarter Than We Think, the cover article for National Geographic's March 2008 issue.

Beginning on Sunday, February 8, 2009, ISAR became one of the inaugural sponsors of the new nationally-heard "Animals Today" radio program.

"Animals Today" is broadcast on Knews Radio, from California's Coachella Valley, a station on which Dr. Laura and Sean Hannity, among others, can be heard.

Hosted by Dr. Lori Kirshner, founder of Southern California's Desert PAWS Foundation, "Animals Today" addresses a variety of contemporary animal-related topics. Through Dr. Kirshner's commentaries, interviews with experts, and responses to phone-ins, listeners are exposed to some of today's most interesting and important issues relating to animals, both domestic and wild.

"Animals Today's" is broadcast on Sundays from 2:00 to 4:00 PM Pacific Daylight Savings Time.

Future programs will feature interviews with experts from such organizations as Animal Legal and Historical Web Center, Bighorn Institute, Coachella Valley Wild Bird Center, Animal Legal Defense Fund. Dr. Kirshner's guests will include lawyers, behaviorists, teachers, ornithologists, veterinarians, rescuers, judges, writers, and many others.

A reminder: During "Animals Today's" popular segment with animal behaviorist Dr. Peter Borchelt, he'll try to answer as many listener questions as possible. So if your parrot is peculiar, your cat is crying, or your hound is hyper-or if you have any other animal-behavior questions-either email Dr. Lori anytime, or call into the show at about 3:45 PM, Pacific Time. Email her at drlori@animalstodayradio.com.  Knews Radio/Animals Today call in lines: Local: (760) 416-8475--Toll free: (888) 589-6397

Thanks to current technology, "Animals Today" can be heard throughout the world by anyone with access to a computer because the Southern California radio station on which the program appears will "stream" it. Streaming means a radio broadcast can be heard on the Internet while simultaneously being broadcast over the airwaves.

Previous broadcasts of "Animals Today," are now, and will continue to be, archived at the show's website: www.animalstodayradio.com. Along the left column, click "Listen to the show." A new screen will appear showing the dates of previous shows. Then click the play button on the hour(s) you want to hear.

However, your computer must be Java "enabled," meaning the Java program must be downloaded onto your computer in order to access archived broadcasts. If your computer is not already Java enabled, click the message displayed for instructions on how to do so.

To hear "Animals Today" over the Internet at 2:00-4:00 PM Pacific Daylight Savings Time, turn on your computer and be sure the sound is at an acceptable level. Open your web browser (e.g., aol,Yahoo) and carefully type in the address bar www.knewsradio.com, and then click to open that address. The Knews radio website will appear. On the top of the page, click "Listen Live." A new box will appear and the program will begin at the appropriate time. (Listeners may be asked to register, but doing so is optional and registration is not necessary to hear the show.)

"Animals Today's" toll-free call-in telephone number while the program is being broadcast is: 1-888-589-6397. (The station recommends calling from a land-based telephone rather than a cell phone.)

Through this E-Newsletter, ISAR will make available weekly broadcast schedules for "Animals Today." To be kept informed, please add your contact information at http://www.isaronline.org/contact_us.html.

ISAR has become a sponsor of "Animals Today" because we believe that a serious nationwide (indeed, international) program addressing important contemporary animal issues has become a moral imperative.

We personally know the creators and hostess of this program, and we know their dedication to animals is profound.

Thus, ISAR will do everything in our power to help "Animals Today" succeed, and we earnestly solicit the assistance of those of you who believe as we do.

Please forward this important announcement to as many individuals and lists as you can, asking the recipients to do the same.

ISAR has linked to the "Animals Today Radio" website (www.isaronline.org) and we ask those who support the program to do the same. (A word to potential sponsors: Please note that advertising rates for "Animals Today" are very reasonable, given that the program can be heard by anyone having access to a computer. Interested parties should contact Peter Spiegel at (760) 285-4981 or producer@animalstodayradio.com.

As a famous broadcaster said for many years, "See you on the radio."

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Only ISAR "Gets It" About Mandatory Spay/Neuter

nobody@vox.com(ISAR) — Mon, 02 Feb 2009 08:19:28 -0800

http://isaronline.blogspot.com/2009/02/only-isar-gets-it-about-mandatory.html

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Free Speech and Cruelty to Animals

nobody@vox.com(ISAR) — Tue, 13 Jan 2009 05:15:11 -0800

FREE SPEECH AND CRUELTY TO ANIMALS

It has been said that the enshrinement of free speech and press in the First Amendment gives those civil liberties a “preferred position” in the constitutional pantheon because they make possible all other rights of Americans.

Although the “preferred position” notion has never commanded a majority decision of the Supreme Court of the United States, still, First Amendment rights have long been considered of paramount importance even though several exceptions have been carved into them by the Supreme Court of the United States. For example, so-called “fighting words,” obscenity and defamation are unprotected. “Commercial speech,” is sometimes protected, sometimes unprotected.

Not often do constitutional rights of free speech or religion clash in the Supreme Court of the United States with those of animal rights. They did, however, in the case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, Florida, 508 U.S. 520 (1993). The case involved an ordinance of the City of Hialeah, Florida, which prohibited the Santeria cult from sacrificing animals as part of its barbaric “religious” ceremony. (Professor Henry Mark Holzer, ISAR’s chairman, in behalf of ISAR and eleven other animal protection organizations filed amicus curiae (friend-of-the-court) briefs in the Supreme Court in support of the City of Hialeah. For copies of both briefs, CLICK HERE.)

The Hialeah Court unanimously (9-0) ruled the ordinance unconstitutional, as an infringement of the Santerians freedom of religion.

Now, another case is headed for the Supreme Court which also raises First Amendment (speech) and animal rights (cruelty) issues.

A 1999 federal law made it a crime to “create, sell, or possess” depictions of illegal cruelty to animals, especially so-called “crush videos,” the nature of which I leave to the reader’s imagination.

It’s important to understand that the law did not criminalize the illegal cruelty itself, which was and is a crime under the laws of all fifty states. It criminalized, in essence, dissemination of the depictions of illegal cruelty. To the extent that dissemination of videos, DVDs, movies, books, magazines and other graphic materials are exercises of speech (and often press) rights, the federal felony statute seemingly created another exception to First Amendment protections.

A legal search of the home of a Virginia man, Robert J. Stevens, turned up three videos depicting illegal cruelty to animals which were introduced, narrated and commented on by him, together with accompanying printed material of which he was the author.

Stevens was indicted on three counts of violating the statute, convicted, and sentenced to 37 months in prison and three years of supervised release.

On appeal, the United States Court of Appeals for the Third Circuit (in a 10-3 vote) ruled the law to be an unconstitutional abridgment of Steven’s First Amendment right of free speech, and threw out his conviction.

The court majority’s decision turned on whether the First Amendment’s free speech guaranty was outweighed by the federal government’s interest in prohibiting dissemination of depictions of illegal animal cruelty. As the dissenting three judges wrote:

The majority today declares that that the Government can have no compelling interest in protecting animals from intentional and wanton acts of physical harm, and in doing so invalidates as unconstitutional a federal statute targeting the distribution and trafficking of depictions of these senseless acts of animal cruelty. Because we cannot agree, in light of the overwhelming body of law across the nation aimed at eradicating animal abuse, that the Government’s interest in ensuring the humane treatment of animals is anything less than of paramount importance, and because we conclude that the speech prohibited by [the statute] to be of such minimal redeeming social value that its restriction may be affected consistent with the First Amendment, we respectfully dissent.

Thus, what separated the majority and the dissent—what separated the statute’s unconstitutionality from its constitutionality—was application of the test employed by the Supreme Court of the United States when “fundamental rights” such as free speech are restricted by legislation: does the law serve a “compelling government interest and, if it does, is the law “narrowly tailored” to achieve the sought goal? If it does and is, the law will be upheld; if not, not.

United States v. Stevens is headed for the Supreme Court of the United States, the government having filed a Petition for Writ of Certiorari on December 15, 2008.

It is common knowledge that few cases seeking Supreme Court review obtain it. Less well known is that the government’s score card is between fifty and seventy percent, odds which substantially increase when a federal court of appeals has held a federal statute unconstitutional.

If the Court grants review, International Society for Animal Rights will seek permission to submit an amicus curiae (“Friend-of-the-Court”) brief. If permission to file ISAR’s brief is granted, it will be prepared by our chairman, Henry Mark Holzer, Professor Emeritus at Brooklyn Law School.

ISAR’s position will be that, accepting as law of the land the Court’s “compelling interest/narrowly tailored” test, the federal statute declared unconstitutional by the Third Circuit in the Stevens case satisfied those requirements.

While the Solicitor General representing the United States (and doubtless various amici curiae) will appropriately focus on the government interest in prohibiting the dissemination of depiction of cruelty to animals per se, ISAR’s brief will address the philosophic and moral premises for animal rights, making arguments which are at the foundation for the anti-cruelty laws’ very existence.

ISAR extends an invitation to other animal protection organizations to join our brief, per the following procedure:

When a draft of ISAR’s brief is ready, it will be posted on our website.

Organizations interested in joining the brief, at no cost to themselves, will be able to do so by downloading a pdf letter of agreement, having it executed by the proper party, and returning it to ISAR. (There will be no negotiation as to the brief’s contents.)

Any organization wishing to be kept abreast of developments in this case, and to be notified that the draft brief has been posted, can do so only by signing up to receive ISAR's E-Newsletter (please include the word "brief" in the comments box.)

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Half a Loaf

nobody@vox.com(ISAR) — Mon, 10 Nov 2008 06:16:46 -0800

The animal rights/welfare movement here and abroad is awash in proposed legislation (see ISAR's Model Mandatory Spay/Neuter statute), much of which will never be enacted or, if enacted, never enforced.

So the question is whether it is cause for rejoicing when pro-animal legislation actually becomes law.

We have seen three examples in as many months.

The Swiss have enacted a sweeping animal protection law. It includes handling guidelines for cats, dogs, sheep, goats and horses. There is a six-hour time limit for the transportation of livestock. Piglets cannot be castrated without anaesthesia.

Massachusetts has banned greyhound racing throughout the Commonwealth.

A California ballot initiative has just been approved that seeks to provide more living space to animals raised for human food: "Certain farm animals [shall] be allowed, for the majority of every day, to fully extend their limbs or wings, lie down, stand up and turn around."

However, the Swiss law allows dairy farmers to keep their cattle tied up in stalls for 240 days of the year. Tie-stalls for horses are to be phased out over five years. Zoo animals, like rhinos, can be confined in small winter quarters. Wild animals in circuses are still permitted (though banned in neighboring Austria).

The Massachusetts greyhound ban does not become effective until 2010.

California's "living space" initiative gives farmers until 2015 to shift to more humane animal production systems.

Yet, for some in the animal rights/welfare movement these measures are not only not enough (and they aren't!), but the laws are to be disdained because they don't go far enough.

These folks believe that when laws like this are proposed they should be fought, because passage of these useful but wholly inadequate enactiments give opponents the ability to argue that "enough is enough"--that the movement clamored for these laws, they were enacted, and that's all the affected animals are entitled to, at least for years to come.

This absolutist position is defensible, making for a hard choice: wait for perfection, while countless animals continue to suffer, or take what can be had when possible, but continue fighting for perfection?

In other words, is half-a-loaf better than none?

Much better--particularly, if you're a veal calf spending your entire life in a crate.

www.isaronline.org

www.isaronline.blogspot.com

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ISAR's International Homeless Animals' DayTM 2008

nobody@vox.com(ISAR) — Tue, 28 Oct 2008 11:02:02 -0700

ISAR’s International Homeless Animals’ Day™ 2008

ISAR's International Homeless Animals’ Day 2008 was commemorated for the seventeenth consecutive year on August 16th with Candlelight Vigil observances in 26 states and 9 foreign countries.

For the seventeenth consecutive year, ISAR has facilitated animal rights/welfare organizations in 26 states and 9 foreign countries in making their ISAR International Homeless Animals’ Day events a success.

In honor of ISAR’s International Homeless Animals’ Day 2008, ISAR once again held our Seventh Annual Online Candlelight Vigil. Visitors to our website, http://www.isaronline.org/, were invited to light a virtual candle in memory of the direct victims of the companion animal overpopulation tragedy. Spanning the globe, ISAR’s virtual vigil involved participants from countries including Canada, India, Iceland, Australia, Peru, Czech Republic, Slovakia and the United States.

Activities for this year’s ISAR International Homeless Animals’ Day included candlelight vigils, blessings of the animals, concerts, dog swims, bowling and dance fundraisers, adopt-a-thons, microchip clinics, dog walks, open houses, award ceremonies, and raffles. Other activities included information stalls, car wash fundraisers and “meet and greets” as well as speeches given by local council members, shelter personnel, veterinarians, and humane officers.

2008 Vigil Observances
ISAR encourages all vigil coordinators to contact us with feedback, photos, and video of their events. Through your comments and suggestions, our vigils will continue to grow. Due to space constraints, we’re not able to acknowledge the many observances held on August 16, 2008. Representative examples follow.

Setting the tone for the evening on August 16th, two guitarists strummed melodies while a soft glow from 25 candles, representing the victims of pet overpopulation in Rogers, AR, struck its own chord with participants during a candlelight vigil held by Murphy Dog Park. More than 70 people gathered to lend their support and promote spay/neuter to reduce needless killing of millions of healthy yet unwanted companion animals each year. Mayor Steve Womack, signed ISAR’s Proclamation declaring August 16, 2008 as International Homeless Animals’ Day.

Fifty-three people participated in a bowling tournament held by the Humane Society of Atchison in Kansas to raise awareness for International Homeless Animals’ Day. Following the tournament, more than 70 people attended a candlelight vigil ceremony which included a blessing of the animals, live music, poems and stories. The guest speaker, a city councilmember, during their ceremony presented ISAR’s Proclamation signed by the mayor of Atchison.

East Hartford Town Green on August 16th was the setting for The Queenie Foundation, Inc.’s second International Homeless Animals’ Day observance in Connecticut. Approximately 75 people attended a blessing of the animals and a meet ‘n greet comprised of 8 rescue/adoption groups, 6 advocacy organizations, and vendors that included a vegan restaurant. Enid Breakstone, Founder and Director of The Queenie Foundation, Inc. said, “The number of organizations tabling at our event always shows the public that homeless animals should be an issue addressed in their communities until it is no longer an issue. Also, having a vegan restaurant shows people that there are really tasty ways to eat without hurting animals.” Ms. Breakstone went on to offer advice for holding a successful vigil first by stressing the importance of teamwork and went on to say, “Invite every rescue/adoption and advocacy organization you can find in your area. The more the public sees that there are several groups in your area, the more it will see that the time for action is yesterday.”

Cats Angels, Inc. SPCA of Fernandina Beach, FL had considerable success this year during its month long commemoration of International Homeless Animals’ Day in August. Fernandina Beach Mayor Bruce Malcolm proclaimed the month of August as International Homeless Animals’ Month. During that time, Cats Angels, Inc. raised over $1300 for their spay/neuter program, performed more than120 spay/neuter surgeries, and succeeded in 70 adoptions that placed shelter animals into new loving homes. At least two dozen walkers armed with spay/neuter signs set out for Cats Angels’ 8th annual two mile walk on August 16th. It concluded with 40 people attending their candlelight vigil. ISAR’s spay/neuter billboard was once again posted this year on busy North Highway 17 promoting the Cats Angels’ vigil event. Beth Hackney, President of Cats Angels, Inc. SPCA, said, “I feel we reached more people this year with our message of the overpopulation problem and the responsible solution to get your animals spayed/neutered.”

SOS Chats of Noiraigue, Switzerland held an information stall in the market of Morges on August 16, 2008. More than 1000 people stopped by SOS Chats’ educational booth which was filled with literature focusing on cat overpopulation, feral cat hunting, and their latest battle against the cat fur trade. Special guest speakers at their event, included local politician Luc Barthassat, a television personality, and a local veterinarian. Miss Switzerland spoke on the importance of spay/neuter, proper animal care, and the horrors of the cat fur trade. Swiss veterinarians were prompted to donate one free spay/neuter surgery to their local shelter in an attempt to help reduce the pet overpopulation epidemic.

Close to a thousand people participated in Wet Nose Animal Rescue’s first official function on their new premises in Kungwini, South Africa by observing International Homeless Animals’ Day 2008. All money raised on this day funded their sterilization program to help combat pet overpopulation. Gold medals were awarded to participants who finished the walk for homeless animals.

Our Deepest Gratitude To Vigil Coordinators
Listed below are some of the countless organizations ISAR would like to thank for their efforts.

ISAR would like to specially thank Bryant Animal Control & Adoption Center, From the Heart Animal Behavior and Dog Training, Purrfect Cat Rescue, People Assisting Lodi Shelter (PALS), Lodi Animal Shelter, Colorado All Breed & Rescue Training, Delaware Humane Society, Concord Pet Food & Supplies, Humane Society of the Nature Coast, Superior Mutts Doggie Rescue, Inc., Susan Buser, SPCA of Central Florida, Orange County Animal Services, Gulf Coast Humane Society, Animal Guardians of Brevard, The Brevard County South Animal Care and Adoption Center (SACC), Livingston County Humane Society, Young at Heart Pet Rescue, Save-A-Pet Adoption Center, Orphans of the Storm, Knox County Humane Society, Partners for Animal Welfare Society (P.A.W.S.), Lawrence County Humane Society & Animal Shelter, Pulaski County Humane Society, The Animal Welfare Society, Friends For the Dearborn Animal Shelter, Minnesota Valley Humane Society, Noah’s Ark Animal Welfare Association, Best Friend Dog and Adoption, Inc., Anjellicle Cats Rescue, Greater Triad Shag Club, Rockingham County Animal Shelter, Cat Welfare Association, Ardmore Animal Care, The Pet Hospital - National Shelter Advisory Board, Lehigh County Humane Society, Hope – Hounds of Prison Education, Bradford County Humane Society, Defenders of Animals, Animal Defense League of Texas, Sevier County Animal Shelter, Holly Help Spay Neuter Fund, Believe in Bristol, Greenbrier Humane Society, Wisconsin Humane Society, Ozaukee Humane Society, Charleston/Kanawha Humane Association, Greenbrier Humane Society.

ISAR also truly appreciates the international participation of Anima – Etica para los Derechos Animales, Argentina, RSPCA’s Yagoona Shelter, Australia, Humane Animal Rescue Team (H.A.R.T.), Canada, Corporacion RAYA (Red de Ayuda a los Animales), Colombia, OȈKOS KAȈ BIOS, Refuge of Cats, France, Asociacion de Amigos de los Animales – AMA, Guatemala, Action for Singapore Dogs, Singapore, Musée du CHATS, Switzerland.

Special Thanks

ISAR is grateful for the support from U.S. Governors and Mayors who acknowledged the companion animal overpopulation crisis by signing ISAR’s Proclamation declaring August 16, 2008, as International Homeless Animals’ Day. ISAR would also like to take this opportunity to encourage those elected officials who have not participated in this year’s International Homeless Animals’ Day observance to please consider doing so for next year’s event. ISAR cannot stress enough the importance of having the support of all elected officials in combating pet overpopulation!

ISAR is also grateful to all participating media for helping us to promote International Homeless Animals’ Day this year. ISAR also sincerely appreciates every individual who utilized their local media to educate others on the importance of responsible pet care and the simple solution to the pet overpopulation crisis: spay/neuter. Media coverage included newspaper articles, radio and television interviews, and numerous online resources directing the public to International Homeless Animals’ Day observances in their area.

Organize a Vigil for 2009
As any past vigil coordinator can attest, beginning the planning process early proves indispensable in generating a bigger impact for a successful International Homeless Animals’ Day observance.

ISAR will be glad to welcome back all previous vigil coordinators as well as a host of new ones to participate in International Homeless Animals’ Day 2009. Together we will once again orchestrate a heightened awareness of the plague of pet overpopulation and on a global scale promote the importance of spay/neuter.

Individuals or organizations wishing to take part in ISAR’s International Homeless Animals’ Day 2009 observance on August 15th can receive a free vigil planning packet by submitting a request to ISAR by mail, phone, fax, or email. Our vigil packets include guidelines for organizing a successful vigil event with tips on site selection, suggestions for speakers and vigil events, reaching target audiences, poems, songs, sample press releases, and proclamations are but a few of the items included in our packet. To save on printing costs, vigil packets are only sent upon request.

Together, we will continue to be a voice for the animals and seek to put an end to their suffering.

Please continue to make our efforts possible.

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Breaking the Language Barrier

nobody@vox.com(ISAR) — Thu, 11 Sep 2008 10:14:13 -0700

Breaking the Language Barrier

ISAR Seeks Volunteer Translators

In ISAR's July 2008 E-Newsletter, we proudly announced that our revolutionary model mandatory spay/neuter monograph, entitled, The Policy, Law and Morality of Mandatory Spay/Neuter, is now available on our website and can be downloaded and printed. (See http://www.isaronline.org/ under Site Map/LAW/Monographs.)

The monograph, which took nearly eight months to research and write, was written by Henry Mark Holzer, Professor Emeritus at Brooklyn Law School and Chairman and General Counsel of International Society for Animal Rights.

Because the importance of this monograph and the model statute it contains cannot be understated, ISAR intends to make it available worldwide.

To that end, we are seeking volunteer translators. As can be seen from the statute itself, the text is not overly long and translating it should not be difficult for anyone fluent in a non-English language.

Anyone willing to assist ISAR in our translation project should contact us at Contact@isaronline.org.

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Important New Publication: Stanford Journal of Animal Law and Policy

nobody@vox.com(ISAR) — Thu, 21 Aug 2008 06:23:16 -0700

Important New Publication: Stanford Journal of Animal Law and Policy

ISAR is pleased to note the advent of a new publication devoted not only to the legal aspects of animal law, but to the inseparable policy aspects as well.

There are several reasons we welcome this new publication.

The Journal is a student effort, once again demonstrating that there are those in the younger generation who take very seriously the wellbeing of animals.

As ISAR has made plain in its recently published monograph "The Policy, Law and Morality of Mandatory Spay/Neuter"
(http://www.isaronline.org/f/Mandatory_Spay_Neuter_Monograph1.pdf),
before the law can be used on behalf of animals it is first indispensably necessary that core policy issues be resolved. Once they are, the legal issues are much easier to deal with.

In a radical departure from almost all the traditional journal and law review scholarship which has been published in written form for well over a century, the Stanford Journal of Animal Law and Policy is an online publication. The significance of this cannot be overemphasized. Not only are the Journal’s production costs virtually non-existent—no printing, binding, mailing, circulation, etc.—but the scope of potential readers is incalculable. Literally countless potential readers can simply access http://sjalp.stanford.edu/ and there read and/or print any or all of the articles.

Lastly, the Journal’s choice of articles for its inaugural issue suggests that the editors have a wide ranging perspective on the subject of animal law and policy. The first of four articles is “The History of Animal Law, Part I (1972-1987), by Joyce Tischler, Co-Founder and General Counsel of the Animal Legal Defense Fund—and now de facto historian of the animal law movement. This article is essential reading for every person interested in how the movement began and its founders.

The other articles—human-animal hybridization, stem cells and animal advocates, and a lengthy book review—are sure to contribute to the ongoing debate about animal law and policy.

Subscription to the Journal is free, and one can sign up on line.

ISAR strongly recommends that its supporters do so.

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Annotated Text of ISAR's Model Mandatory Spay/Neuter Statute

nobody@vox.com(ISAR) — Tue, 12 Aug 2008 07:05:06 -0700

http://isaronline.blogspot.com/2008/08/annotated-text-of-isars-model-mandatory.html

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